OUI South Boston Massachusetts Lawyer Breathalyzer Test Results Expert Testimony

Commonwealth v. Lucy

Facts:

Defendant was charged with operating a motor vehicle while under the influence of intoxicating liquor (OUI) in South Boston Massachusetts. The District Court Department (Massachusetts) ruled that as a breathalyzer test was given more than one hour after defendant last drove, the Commonwealth had to introduce expert testimony on retrograde extrapolation as a prerequisite to the admission of the test results. The Commonwealth appealed.

OUI South Boston Massachusetts Lawye

Issue:

• Whether the Commonwealth introduced expert testimony on retrograde extrapolation?

Discussions:

Defendant could be convicted of OUI under Mass. Gen. Laws ch. 90, § 24 by proof that (1) her blood alcohol content (BAC) was .08 or above, or (2) her ability to drive was impaired by alcohol. The trial court held that evidence of a breathalyzer test result obtained more than an hour after her last operation of a vehicle could not be offered to prove the “per se” offense unless the prosecution offered expert retrograde extrapolation testimony establishing her BAC at the time of operation; to prove an impaired ability violation, the prosecution could offer evidence, without expert testimony, that defendant took a breathalyzer test and that the reading was greater than zero. The high court held that retrograde extrapolation was not a prerequisite to the admission of the results of a breathalyzer test due to amendments to § 24 if the test was conducted within a reasonable period of time (i.e., three hours or less) after the driver’s last operation of the vehicle. If the prosecution proceeded only on an impaired ability theory and offered evidence of a breathalyzer result of .08 or above, it had to offer expert testimony on the significance of that level as it pertained to impairment.

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.